Bramer

DECISION FOR DEFENDANT UNITED STATES OF AMERICA

This matter came on originally for hearing on Tuesday, March 2,1976, at 9:30 a. m., before the Honorable A. Andrew Hauk, United States District Judge, on cross-motions for summary judgment offered by both the plaintiff and the defendant upon the issues of tort duties, if any, owed by the Government to the plaintiff and the negligence, if any, of the Government.

Both motions were denied and the matter proceeded, upon stipulation of the parties, to a bifurcated court trial on Monday, March 15, 1976, at 10:00 a. m. — jury being impermissible under the Federal Tort Claim Act, 28 U.S.C. § 2404 — upon these issues, which are essentially one issue, namely that of liability.

The further issue of damages was deferred by stipulation until the Court’s ruling on liability.

The evidence consists of the admitted facts in the pretrial conference order and the affidavits and exhibits submitted by both sides in support of their respective cross-motions for summary judgment. The parties further agreed that their arguments are fully set forth in their respective memoranda in support of their motions for summary judgment and their respective…